Requirement of holding statutory meeting

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A public limited company was formed under CA-1956 and got coi on 25-03-2014.under CA-2013 there is no requirement of holding statutory meeting since there is no substitute for section 165 in CA-3013.Do that company which was incorporated under old CA-1956 is required to hold statutory meeting and file statutory report? thanks
Replies (6)

it may be noted that the Ministry of Corporate Affairs (MCA) has, on 04th April 2014, vide its General Circular No. 08/2014, clarified that the financial statements (and documents required to be attached thereto), auditor’s report and Board’s report in respect of financial years that commenced earlier than 01st April, 2014 shall be governed by the relevant provisions/Schedules/rules of the Companies Act 1956.

The Company is required to hold its statutory meeting as per the 
provisions of the companies Act, 1956. This is because that public company 
was incorporated under the act, 1956 and as it has received COI in March 
2014, at that time the provisions of the section 165 were in force

 

MCA has put the  whole company law into a great mess.  Sec.165 dealing with statutory meeting  has been omitted in the new Act.  The question is whether provisions of CA 1956 which have been omitted in the new Act are still applicable or not?  MCA has not issued any notification for withdrawal of such provisions.  I  have raised this issue earlier also  but there is no clarification from MCA so far.  If Sec.165 of 1956 Act is still applicable, how do we file relevant returns with ROC?  Are the concerned forms available on MCA website for  filing?

 

The Company is required to hold its statutory meeting as per the provisions of the companies Act, 1956. Further, the e-form 22 is also available on the MCA portal.

I am attaching statement showing provisions of CA 1956 not included in 2013 Act.  If Section 165 of 1956 Act is still applicable, it means all these provisions are  also still applicable since the same have not been withdrawn by notification ? Definitely this  is not possible.  MCA cannot act arbitrarily and apply some  provision at its will by putting some form on the website as and when desired and leave other provisions as it is.  God only can save us from this condition.

 

INC 22 is form for change of registered office what abt e form for uploading statutory meeting

The general circular no. 08/2014 dt 04/04/2014 speaks of 'financial statements', Board's Report and auditor's report. It does not mention statutory report under section 165 of CA 1956. Statutoy report with reference to statutory meeting cannot be equated with financial statements.

Hence, in my view, the said circular referred by CS Jaikishan is not applicable. 

Regards

Dipjyoti


CCI Pro

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